Law Amending And Supplementing The Law On Rail Transport

Original Language Title: Закон за изменение и допълнение на Закона за железопътния транспорт

Read the untranslated law here: http://parliament.bg/bg/laws/ID/15367/

Name of law Law amending and supplementing the law on railways of the Name Bill a bill amending and supplementing the law on rail transport date adopted 11/06/2015 number/year 2015 Gazette Decree No 47/108

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on rail transport, adopted by the National Assembly of the HLÌÌI 11 June 2015.

Issued in Sofia on 24 June 2015.

The President of the Republic: Rosen Plevneliev

Stamped with the State seal.

Minister of Justice: Hristo Ivanov

LAW

amending and supplementing the law on railways (official SG. 97 2000; amend., 47/96 and 2002/70 and 115 of 2004 No. 77 and 88 of 2005, issue 36, 37, 62, 92 and 108 of 2006, issue 22, 35, 74 and 81 of 2009, issue 87 of 2010. , PC. 47 by 2011, issue. 15 and 68 from 2013 and St. 17 by 2015.)

§ 1. In art. 30, para. 1 and 5, the words "the Minister of regional development" shall be replaced by the words "the Minister of regional development and public works.

§ 2. In art. 31 is made the following changes and additions:

1. Create a new para. 3 and 4:

"(3) a railway undertaking which does not hold a licence for carrying freight, has a right of access to the first station of the railway infrastructure necessary for carrying out the activities of companies and establishments under art. 2, item 3.

(4) access under para. 3 takes place in the presence of a safety certificate contract for third party liability insurance and a contract with the Manager of the rail infrastructure. "

2. the Previous para. 3 and 4 become Al respectively. 5 and 6.

§ 3. In art. 33, para. 1 creating the second sentence: "licence is not required in the cases under art. 37A. "

§ 4. In art. 34 following amendments and supplements shall be made:

1. In paragraph 8. 1 the comma after the word "transport" is deleted and added "and/or".

2. a new paragraph. 3:

"(3) in the case of withdrawal or after expiration of the safety certificate access under art. 31, para. 4. "

3. The current paragraph. 3 it al. 4 and, after the words "para. 2 "there shall be added" and 3 ", and the word" carrier "shall be replaced by" railway undertaking ".

§ 5. In art. 37 following amendments and supplements shall be made:

1. a new paragraph. 7:

(7) a licence to carry out the transport of passengers and/or cargo, issued in the Republic of Bulgaria or in another Member State of the European Union, is valid in the territory of the Member States of the European Union. "

2. the Previous para. 7, 8 and 9 shall become paragraph 8, 9 and 10.

§ 6. Art is created. 37A:

"Art. 37. a licence shall not be required for the carrying out of activities under art. 2, item 3 on the carriage of goods by companies and enterprises for their needs. "

§ 7. New art. 48:

"Art. 48. The railway undertaking is a merchant who owns a licence for making rail transport, valid on the territory of the Member States of the European Union, as well as a trader with subject of activity – carriage of passengers and/or goods by rail, as the enterprise provides locomotive traction. Railway undertaking and trader who provides only lokomotivnata power. "

§ 8. Former art. 48 becomes art. 48A and al. 1 shall be amended as follows:

(1) Železop″ten carrier is a railway undertaking licensed to carry out the transport of passengers and/or cargo. "

§ 9. In art. 50, para. 1 paragraph 1 shall be replaced by the following:

"1. for rail carrier – a certified copy of the certificate of safety and licence; for railway undertakings engaged in the carriage of goods under art. 31, para. 3 – certified copy of the certificate of safety; ".

§ 10. In art. 62, para. 8 the words "curriculum" are replaced with "In registration of the persons referred to in para. 6 the curriculum ".

§ 11. In art. 115 and the Al. 4:

"(4) in its organisation and decision-making the special corps under para. 3 is independent of the Executive Agency "Railway Administration", the Manager of the rail infrastructure, rail carriers, as well as by any other person whose interests could conflict with the functions of the unit. "

§ 12. In art. 115 k make the following amendments and additions:

1. In paragraph 8. 1 item 2 and 3 are amended:

"2. accidents and incidents in its sole discretion, which, in a different setting could lead to effects of heavy rail accidents, including technical failures in the structural subsystems or in the elements of the rail system;

3. at its discretion – accidents and incidents other than those referred to in paragraph 1 and 2. "

2. in the Al. 2 the comma and the words "and, where appropriate, the Executive Agency" Railway Administration "shall be deleted.

3. Paragraph 3 is replaced by the following:

"(3) the head of the specialized unit shall prepare a draft of the report, which provides for the opinions and comments of the Manager of the rail infrastructure, rail carrier, an Executive Agency" Railway Administration ", the participating emergency services, staff representatives and any other interested parties."

4. in the Al. 4 Finally adds "and sent to all affected by the accident or incident and to the competent authorities of the other Member States of the European Union".

5. in the Al. 5 the word "Employees" shall be replaced by ' Inspectors ' investigation.

6. in the Al. 6 the word "Employees" shall be replaced by ' Inspectors ' investigation.

7. Paragraph 7 shall be amended as follows:

(7) "Executive Agency" Railway Administration "provides the special Corps information and documents for the investigation."

§ 13. In art. 115 l, al. 2, after the word "immediate" is added "and the special corps".


§ 14. In art. 115 n, al. 1 the words "and the Railway Administration Executive Agency" coordinate their actions and Exchange "are replaced by" coordinate and Exchange ".

§ 15. In art. 128 establishes al. 5:

"(5) when a breach of an obligation relating to the maintenance of the safety management system, including with regard to compliance with technical requirements for inputs and spare parts and the requirements for contracting services to customers, clients, employees and third parties, which reduces the level of safety of the rail carrier or the Manager of the rail infrastructure have penalty payment in the amount of 1000 up to 50, 000."

§ 16. In art. 139 following amendments and supplements shall be made:

1. point 4 shall be replaced by the following:

' 4. for failure to provide a ticket or any other type of transport document for failure to provide information in accordance with art. 9 of Council Regulation (EC) no 1371/2007 – in size from 2000 to 5000 BGN; ".

2. In paragraph 20, the word "after not selecting" insert "and failure".

3. Create t. 27, 28 and 29:

"27. at nepoemane or disclaimer to the passengers and their baggage in accordance with art. 11 of Regulation (EC) no 1371/2007 – in size from 2000 to 5000 BGN;

28. for failure to comply with the obligations under art. 12 (1) of Regulation (EC) no 1371/2007 – at a rate of 25,000 to 50,000 BGN;

29. the failure of art. 27 of Regulation (EC) no 1371/2007 – at a rate of 1000 to 3000 pounds. "

§ 17. In § 52 of the final provisions of the law amending and supplementing the law on railway transport (SG. 47 from 2011) point 2 shall be replaced by the following:

"2. paragraph 46 concerning:

a) article 139, paragraph 1, 20, 21, 25 and 26, art. 140, item 8 and 10 and art. 143, which shall enter into force on 4 December 2014;

b) article 139, paragraph 2, 3, 5-12, 15-19, 22 and 23, art. 140, item 1, 3-6 and 9 and art. 141, which shall enter into force on 4 December 2019. "

Final provisions

§ 18. In the law on limitation of administrative regulation and administrative control over the business (edu., SG. 55 by 2003, Corr; No. 59 of 2003; amend., 107/2003/39 and 52 of 2004 No. 31 and 87 by 2005, issue 24, 38 and 59 from 2006, no. 11 and 41 since 2007. , PC. 16 of 2008, PCs. 23, 36, 44 and 87 from 2009, PCs. 25, 59, 73 and 77 by 2010, PC. 39 and 92 from 2011, issue. 26, 53 and 82 by 2012 and St. 109 by 2013) in the annex to article 2. 9, para. 1, paragraph 2 point 31 shall be replaced by the following:

31. Performance of railway transport of passengers and/or cargo. "

§ 19. Paragraph 17 shall enter into force on 3 December 2014.

The law was passed by the National Assembly-43 on 11 June 2015 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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